Opinion

(HC) Brown v. Northern Kern State Prison

Court
District Court, E.D. California
Filed
Jan 10, 2022
Cited by
0 cases
Authority
More cited than 17.7%

The opinion

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8 UNITED STATES DISTRICT COURT

9 FOR THE EASTERN DISTRICT OF CALIFORNIA

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11 KENYON DERRAL BROWN, Case No. 1:21-cv-01061-NONE-HBK

12 Petitioner, ORDER GRANTING PETITIONER’S

MOTION FOR REVIEW OF PETITION

13 v.

(Doc. No. 20)

14 NORTH KERN STATE PRISON,

DIRECTOR OF CDCR,

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Respondent.

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Pending before the Court is Petitioner’s pleading docketed by the clerk as a “motion for

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summary judgment” on October 27, 2021. (Doc. No. 20). Petitioner, who is pro se, has pending

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a petition for writ of habeas corpus under 28 U.S.C. § 2254. (Doc. No. 1). In his one-page

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pleading, Petitioner asks the Court “to make a ruling in the interests of justice” because he

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believes he has “proved cognizable claims.” (Doc. No. 20 at 1). The Supreme Court has

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instructed the federal courts to liberally construe the “inartful pleading[s]” of pro se litigants.

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Boag v. MacDougall, 454 U.S. 364, 365 (1982). The Court liberally construes Petitioner’s

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pleading as a motion for the Court to undertake a review of the petition and respondent’s answer

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and issue a ruling in this case.

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1 Courts exercise discretion in how to manage their own docket. Ferdik v. Bonzelet, 963

2 | F.2d 1258, 1261 (9th Cir. 1992). And while this Court endeavors to handle all matters as

3 | expeditiously as possible, this Court has “long labored under one of the heaviest caseloads in the

4 | nation.” See Standing Order in Light of Ongoing Judicial Emergency in Eastern District of

5 | California. Accordingly, Petitioner is advised that the Court will issue findings and

6 || recommendations regarding his petition once it completes review of the record in this case

7 | bearing in mind its current docket and other pending matters. Consequently, Petitioner’s motion

8 | for review is granted to the extent that the Court will consider and review this matter as quickly as

9 | its caseload permits.

10 Accordingly, it is ORDERED:

11 Petitioner’s construed motion for review of the petition (Doc. No. 20) is GRANTED to

12 | the limited extent that the Court will review this case as expeditiously as possible considering its

13 | current caseload.

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| Dated: _ January 8, 2022 Mihaw. fares Zackte

16 HELENA M. BARCH-KUCHTA

UNITED STATES MAGISTRATE JUDGE

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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